News & Analysis as of

Foreclosure › Service of Process

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of... more +
Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -
Parker Poe Adams & Bernstein LLP

Faulty Foreclosure Service Results in Lienholder Having to Pay Property Owner

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When a lienholder starts a foreclosure, it usually is focused on getting money into its pocket. Yet a recent opinion from the North Carolina Court of Appeals (In re: Ackah – Sept. 5, 2017) should provide a warning to all...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending October 21 & 28, 2016

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REAL PROPERTY UPDATE: Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending August 5, 2016

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REAL PROPERTY UPDATE - Foreclosure/Discovery: Good cause not found to enter protective order preventing owner of property, subject to foreclosure, from deposing bank’s only witness on basis that owner of property was not...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

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REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending February 6, 2015

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REAL PROPERTY UPDATE - Service of Process: return of service is not required to expressly list the factors defining the “manner of service” contained in Section 48.031(1)(a), Florida Statutes, not included in the...more

Womble Bond Dickinson

N.C. Appellate Court Discusses Service of Process By "Posting" and Due Diligence Enabling "Posting"

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The North Carolina Court of Appeals issued a fractured ruling today on the manner of service and the interpretation of North Carolina Rule of Procedure 4(j1). The case is In re Powell, No. COA14-498 (December 2, 2014)....more

Shumaker, Loop & Kendrick, LLP

Failure to Check DMV Records Rendered Search for Defendant Inadequate

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In this Home Owners Association (HOA) lien foreclosure case, the Plaintiff was unable to locate the Defendant for service. HOA’s attorney filed an affidavit for service by publication, alleging...more

Carlton Fields

Construction Case Law Update - September 2014

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FLORIDA STATE CASES - Forum selection clause in construction contract will not be enforced where third party defendant would be forced to testify in two venues. Forum selection clauses in contracts are generally...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: September 2014 #2

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REAL PROPERTY UPDATE - - Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more

Carlton Fields

Week Ending June 28, 2013

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I. FLORIDA STATE CASES - STEFANIE LINCOLN - Foreclosure: an attorney may file a nonresident cost bond on behalf of a client without violating the prohibition against an attorney's acting as a surety for his client – US...more

Pullman & Comley, LLC

Appellate Notes: Week of March 25

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In This Issue: - SC18915- Misiti, LLC v. Travelers Property Casualty Co. of America - SC18840- New England Road, Inc. v. Planning & Zoning Commission - SC18804- Cordero v. University of Connecticut...more

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